Ex parte BOLGIANO et al. - Page 4




                 Appeal No. 1998-2992                                                                                                                   
                 Application No. 08/539,276                                                                                                             


                          Reference is made to the brief and the answer  for the                           1                                            
                 respective positions of the appellants and the examiner.                                                                               
                                                                     OPINION                                                                            
                          All of the rejections are reversed.                                                                                           
                          All of the claims on appeal state that the first antenna                                                                      
                 and the second antenna “do not simultaneously transmit data to                                                                         
                 said subscriber station.”  The examiner contends (answer, page                                                                         
                 9) that “Dean, discloses the signal transmitted from different                                                                         
                 antennas, as shown in Fig. 2 and Fig. 3, at different times                                                                            
                 which means signals are not simultaneously transmitted.”  The                                                                          
                 appellants argue (brief, pages 2, 3 and 12) that the short                                                                             
                 delay of the delay device used in Dean causes the antennas to                                                                          
                 transmit the same signal substantially simultaneously to a                                                                             
                 subscriber receiver.                                                                                                                   
                          In Dean, an analog transmitter 120 located in base                                                                            
                 station 100 transmits the same signal over two different                                                                               
                 distribution cables 130 and 132 and two different antennas                                                                             
                 located in node 200A (Figure 2).  The signal that travels via                                                                          
                 cable 130 is delayed with respect to the signal that travels                                                                           


                          1The statements of the rejections omit claims 57 and 115.                                                                     
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